“Regardless of whatever Google’s CEO may say in an effort to assuage investors’ concerns, this week may very well go down in history as the one in which Apple’s intellectual property enforcement against Android reached a tipping point in Cupertino’s favor,” Florian Mueller reports for FOSS Patents. “Apple has not yet dealt a fatal blow to Samsung, but it’s on an impressive winning streak and making headway at a breathtaking rate. I expected Apple to do well, but the results have exceeded even my expectations.”
Just this week:
• Apple won its third preliminary injunction against Samsung in Australia (following similar, earlier decisions by courts in Germany, the Netherlands),
• a federal judge in California expressed her belief that Samsung infringes some design patents held by Apple (even if doubts about the validity of those rights have to be addressed by Apple in order to win a US-wide preliminary injunction), and
• today the Rechtbank ‘s-Gravenhage (a Dutch court based in the city of The Hague) made it clear that Samsung won’t be able to win an injunction against Apple’s products based on standards-essential, FRAND-committed patents. As a result, Samsung’s motions for preliminary injunctions against the iPhone 4S in France and Italy are also very likely to be denied, though the courts in those countries have the right to take different decisions than their Dutch counterpart.
Mueller writes, “Apple still has miles to go until Samsung will really have no other choice than to back down and agree to a settlement on Apple’s terms. Such a settlement would likely force Samsung to redesign its products, to remove certain functionality, and to pay royalties for those patents Apple is willing to license at all (without a legal obligation).”
Much more in the full article – recommended – here.
Judge: Can you tell me which is iPad and which is yours? Samsung lawyer: ‘Not at this distance your honor’ – October 14, 2011